House Bill 347

AN ACT TO AMEND SECTION 47-7-49, MISSISSIPPI CODE OF 1972,
TO PROVIDE THAT THE INITIAL MONTHLY PAYMENT THAT AN OFFENDER ON PROBATION,
PAROLE, EARNED-RELEASE SUPERVISION, POST-RELEASE SUPERVISION, EARNED PROBATION,
OR ANY OTHER OFFENDER UNDER THE FIELD SUPERVISION OF THE COMMUNITY SERVICES
DIVISION OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, MUST MAKE TO THE
DEPARTMENT WILL BE MADE WITHIN 30 DAYS AFTER THE OFFENDER IS RELEASED FROM
IMPRISONMENT; TO PROVIDE THAT THE REQUIREMENT FOR SUCH PAYMENTS SHALL END WHEN
AN OFFENDER HAS COMPLETED HIS PROBATION, PAROLE, EARNED-RELEASE SUPERVISION,
POST-RELEASE SUPERVISION, EARNED PROBATION OR OTHER SUPERVISION OF THE
COMMUNITY SERVICES DIVISION OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS; AND
FOR RELATED PURPOSES.

47-7-49.
(1) Any offender on probation,
parole, earned-release supervision, post-release supervision, earned probation
or any other offender under the field supervision of the Community Services
Division of the department shall pay to the department the sum of Thirty
Dollars ($30.00) per month by certified check or money order unless a hardship
waiver is granted. An offender shall
make the initial payment within thirty (30) days after being released from
imprisonment unless a hardship waiver is granted. A hardship waiver may be granted by the sentencing court or the
Department of Corrections. A hardship
waiver may not be granted for a period of time exceeding ninety (90) days. The commissioner or his designee shall
deposit Twenty-five Dollars ($25.00) of the payments received into a special
fund in the State Treasury, which is hereby created, to be known as the Community
Service Revolving Fund. Expenditures
from this fund shall be made for: (a)
the establishment of restitution and satellite centers; and (b) the
establishment, administration and operation of the department's Drug
Identification Program and the intensive and field supervision program. The Twenty-five Dollars ($25.00) may be used
for salaries and to purchase equipment, supplies and vehicles to be used by the
Community Services Division in the performance of its duties. Expenditures for the purposes established in
this section may be made from the fund upon requisition by the commissioner, or
his designee.

Of the remaining amount, Three Dollars
($3.00) of the payments shall be deposited in the Crime Victims' Compensation
Fund created in Section 99-41-29, Two Dollars ($2.00) shall be deposited into
the Training Revolving Fund created pursuant to Section 47-7-51. When a person is convicted of a felony in
this state, in addition to any other sentence it may impose, the court may, in
its discretion, order the offender to pay a state assessment not to exceed the
greater of One Thousand Dollars ($1,000.00) or the maximum fine that may be
imposed for the offense, into the Crime Victims' Compensation Fund created
pursuant to Section 99-41-29.

Any federal funds made available to the
department for training or for training facilities, equipment or services shall
be deposited in the Correctional Training Revolving Fund created in Section 47-7-51. The funds deposited in this account shall be
used to support an expansion of the department's training program to include
the renovation of facilities for training purposes, purchase of equipment and
contracting of training services with community colleges in the state.

The requirement for the monthly payments
under this section shall end when the offender has completed the probation,
parole, earned-release supervision, post-release supervision, earned probation
or other field supervision of the Community Services Division of the
Mississippi Department of Corrections, and no offender shall be required to
make the payments for a period of time longer than ten (10)
years. However, if an offender is in
arrears in the monthly payments required under this section, the offender shall
remain liable for such payments until the payments are made.

(2)
The offender may be imprisoned until the payments are made if the
offender is financially able to make the payments and the court in the county
where the offender resides so finds, subject to the limitations hereinafter set
out. The offender shall not be
imprisoned if the offender is financially unable to make the payments and so
states to the court in writing, under oath, and the court so finds.

(3)
This section shall stand repealed from and after June 30, 2004.

SECTION
2. This act shall take effect and
be in force from and after July 1, 2003.